📅 2026 Update: Significant Changes in Alienation of Affection Laws

Since the earlier article was published, there have been notable changes in the landscape of alienation of affection laws in the United States. Most importantly, New Mexico has officially abolished these claims, while Utah is moving toward doing the same. These developments impact how individuals may approach potential claims in these states and reflect a broader trend in marriage law.

The original article continues further down the page and provides detailed information about the existing laws in various states. Below, we highlight the most significant updates regarding alienation of affection.

⚖️ New Mexico Abolishes Alienation of Affection Claims

On January 26, 2026, the New Mexico Supreme Court ended the tort of alienation of affection. This decision in the case of Butterworth v. Jackson marks a significant shift in legal precedent after over a century of allowing such claims.

The ruling indicates a move towards modernizing marriage law in the state.

📜 Utah Introduces Legislation

In 2026, Utah's legislature introduced Senate Bill 109. This bill aims to eliminate the right to sue for alienation of affection. If passed, it would join New Mexico in abolishing this legal claim, reflecting changing attitudes toward marriage and personal relationships.

💼 Current Fees and Costs

Filing fees for alienation of affection suits vary by state. For example, in North Carolina, fees can be around $200, while in Mississippi, they are approximately $150. Understanding these costs can help individuals prepare financially for a lawsuit.

⏳ Processing Times for Cases

Processing times for alienation of affection cases have remained relatively consistent. In North Carolina, cases typically take 12 to 18 months from filing to trial, while in Mississippi, it can take about 6 to 12 months. Being aware of these timelines is crucial for anyone considering a lawsuit.

📅 Key Deadlines

Each state has specific deadlines for filing alienation of affection claims. In North Carolina and Mississippi, the statute of limitations is three years from the date of the alleged act. Understanding these deadlines is vital for potential plaintiffs.

📌 Key Points Summary

  • New Mexico has abolished alienation of affection claims.
  • Utah is moving to eliminate these claims as well.
  • Filing fees vary by state, ranging from $100 to $250.
  • Processing times for cases differ, typically 6 to 24 months.
  • Statute of limitations for claims is generally 2 to 6 years, depending on the state.

💡 Tips for Navigating Alienation of Affection Laws

It's important to review the details of your situation with your attorney.

📄 Understand State-Specific Laws

Each state has different laws regarding alienation of affection. Some states have abolished these claims, while others still recognize them. Familiarizing yourself with your state's laws can help you understand your options.

⏰ Be Aware of Deadlines

Know the statute of limitations in your state. For example, North Carolina and Mississippi allow three years from the date of the alleged act. Missing this deadline could prevent you from filing a claim.

💰 Prepare for Costs

Understand the potential costs involved in filing a lawsuit. Fees for civil actions can range from approximately $100 to $250, with attorney fees varying widely based on experience and complexity.

🔍 Gather Evidence

If you decide to pursue a claim, gather all relevant evidence. This may include emails, texts, or witness statements to support your case during the discovery process.

🤝 Explore Alternative Remedies

In states where alienation of affection is not recognized, consider other legal options. Divorce proceedings can address similar issues through property division and custody arrangements.

📞 Seek Legal Assistance

Consider reaching out to local bar associations for referrals. They can connect you with attorneys who can provide guidance on the legal process and help assess your claim's viability.

🏆 Services Ranked by User Reviews (2026)

Many services can assist individuals dealing with legal matters related to marriage, including alienation of affection claims. The following services are ranked based on their Trustpilot scores as of October 2026. These ratings may change over time, as they reflect user experiences and satisfaction.

Ratings can vary based on the number of reviews, with unhappy customers often posting more frequently.

🥇 1. Courtly

Courtly holds a Trustpilot score of 4.8. It has been known for its online marriage services, remote ceremonies, and marriage licenses. While many users appreciate the convenience, some reviewers mention occasional delays in document processing, which can be critical for time-sensitive legal matters.

🥈 2. VirtualMarriage

VirtualMarriage has an impressive Trustpilot score of 4.9. The service focuses on online marriage services and providing legal marriage certificates, making it ideal for long-distance couples. However, like Courtly, it also faces occasional delays in document processing, which may affect users needing swift services.

🆓 Free Government or Nonprofit Help

Several state bar associations offer free lawyer referral services. These services can connect individuals with qualified attorneys who may provide initial consultations at reduced rates. Options are available in North Carolina, Mississippi, South Dakota, Hawaii, and Utah, assisting those seeking legal guidance without high costs.

🔎 What to Compare When Choosing a Service

  • ⭐ Trustpilot score and number of reviews
  • 💼 Range of services offered
  • ⏳ Processing times for documentation
  • 💰 Fees and potential additional costs
  • 🤝 Availability of customer support

❓ Frequently Asked Questions

🤔 What states still recognize alienation of affection claims?

Currently, states like North Carolina, Mississippi, South Dakota, Hawaii, and Utah still recognize alienation of affection claims. However, laws can change, so it's essential to check the latest updates in your state.

📅 How long do I have to file an alienation of affection claim?

The time limit for filing varies by state. In North Carolina and Mississippi, you have three years from the date of the alleged act, while in Hawaii, the limit is two years.

💼 What are the costs involved in pursuing a lawsuit?

Costs can vary significantly by state. Filing fees range from about $100 to $250, and attorney fees may be between $150 and $500 per hour, depending on the complexity of the case.

📝 What should I include in my complaint?

Your complaint should detail the allegations against the defendant, including specific actions that led to the claim. This document initiates the lawsuit and must be served to the defendant.

🔍 Are there alternatives to alienation of affection lawsuits?

Yes, in states where alienation of affection is not recognized, individuals may seek remedies through divorce proceedings. This could include property division and custody arrangements.

📞 Where can I find legal help?

Local bar associations in states like North Carolina, Mississippi, and Hawaii offer lawyer referral services. These can connect you with attorneys who provide initial consultations at reduced rates.

⚖️ Recent Cases Related to Alienation of Affection

Recent court rulings have influenced the legal landscape surrounding alienation of affection claims, particularly with the abolition of such claims in New Mexico and potential changes in Utah.

For more recent rulings, visit the more rulings on the news page.

End of October 2026 Update





When an individual believes that an outside party is responsible for the destruction of the affection that once existed in his/her marital relationship, he/she may be permitted to initiate a lawsuit against the offending party, on the groups of alienation of affection.


Does Your State Allow Alienation of Affection Suits?

 There are only a few states that continue to permit lawsuits regarding alienation of affection. These states include Hawaii, New Mexico, Utah, Mississippi, Illinois, South Dakota, and North Carolina. In order for an individual to effectively establish an alienation of affection lawsuit, he/she must be able to effectively prove that the offending party knowingly and intentionally destroyed the love that once existed in his/her marriage. 


Adultery or an extramarital emotional relationship is not necessary for alienation of affection to occur. A parent can also be guilty of alienation of affection in regard to his/her spouse and child, if he/she takes steps to destroy or weaken the relationship between his/her spouse and child.